147 research outputs found
Eksistensi Hak Tanggungan dalam Kontrak Investasi Kolektif Efek Beragun Aset (KIK-EBA) sebagai Konsep Trusts
Get PDFThis research aims at discussing the problems concerning KIK-EBA agreement related to the existence of personality principles and ownership status of mortgage whose trust is secured in KIK-EBA. The problem discussed is related to any legal effects of the implementation of KIK-EBA as an agreement consisting of three parties on the existence of personality principles and related to the ownership status of mortgage in the securitization mechanism used in KIK-EBA. This was a normative research whose data were collected by using a library research method. The findings conclude that KIK-EBA is not an exception of personality principle; besides, since the formal condition of agreement is not fulfilled, KIK-EBA is null and void. The ownership of mortgage in KIK-EBA is still owned by the original creditor although purchase and sale of trust has occurred as a true sale in KIK-EBA
Tanggungjawab Ahli Waris Dan Kewenangan Majelis Pengawas Notaris Dalam Penyelesaian Protokol Minuta Hilang (Studi tentang Notaris yang Meninggal Dunia)
No full textThis study aims to raise the issue on the position of the Minute of Protocol of Notary Deed as a State Archive as stipulated in the Archives Act, analyze the responsibility of the heirs of a Notary who died for the missing Minute of Protocol and explain the authority of the Regional Supervisory Council to resolve the missing Minute of Protocol after the notary’s death. The method used in this research is normative study by collecting data through library research, using a normative and conceptual approaches as well as qualitative descriptive analysis. The results of this research conclude that the Notary Protocol is a state archive based on the provisions of the Notary Position Act, but not the archive criteria referred to in the Archives Law. The heirs are responsible to the parties who make an authentic deed to the Notary, this responsibility is based on the provisions of Article 1365 of the Criminal Code on Unlawful Acts. Then, the Notary Supervisory Council does not have the authority to give sanctions to heirs who eliminate the Notary Protocol. In the event that the Notary protocol is missing or incomplete, the Regional Supervisory Council shall make a detailed and complete report on this matter.Keywords: Heirs; missing minute of protocol; notary supervisory councilAbstrakPenelitian ini bertujuan untuk mengemukakan permasalahan mengenai kedudukan Protokol Minuta Akta Notaris sebagai Arsip Negara sebagaimana ketentuan Undang-Undang Kearsipan, menganalisa mengenai pertanggungjawaban ahli waris dari Notaris yang meninggal dunia atas Protokol Minuta yang hilang dan menjelaskan kewenangan Majelis Pengawas Daerah untuk menyelesaikan Protokol Minuta hilang setelah meninggalnya Notaris. Metode yang dipakai dalam penelitian ini adalah penelitian normatif dengan mengumpulan data secara studi pustaka (library research), menggunakan pendekatan norma dan pendekatan konseptual serta analisis secara deskriptif kualitatif. Hasil penelitian ini menyimpulkan bahwa protokol Notaris merupakan arsip negara berdasarkan ketentuan Undang-Undang Jabatan Notaris, namun bukan kriteria arsip yang dimaksud dalam Undang-Undang Kearsipan. Ahli waris bertanggungjawab kepada para pihak yang membuat akta autentik kepada Notaris, tanggungjawab ini adalah berdasarkan ketentuan Pasal 1365 KUHPerd tentang Perbuatan Melawan Hukum. Kemudian, Majelis Pengawas Notaris tidak memiliki kewenangan untuk memberikan sanki kepada ahli waris yang menghilangkan Protokol Notaris. Dalam hal terjadi protokol Notaris yang hilang atau tidak lengkap, maka Majelis Pengawas Daerah membuat berita acara mengenai hal itu secara terperinci dan lengkap.Kata Kunci: Ahli waris; majelis pengawas notaris; protokol minuta hilan
Application of Tawarruq munazzam in Malaysia / Ismail Rustam
Get PDFNowadays, the development of Islamic Financial Institutions has given positive impact towards Islamic bank industry. Many new contracts have been introduced as
an alternative to conventional bank products. Tawarruq munazzam or known as commodity murabahah is one of the contracts. In this study, the author has set several
objectives which are to explain the concept of tawarruq munazzam, discussing the fuqaha’s opinions on this contract and explain the modus operandi of tawarruq
munazzam implements in Malaysia. The study founds that tawarruq munazzam is a contract that practice by Islamic bank to provide financing towards customers. The
practice of this contract is contrary to the conventional bank’s financing products. This is because the features of both contracts are different. In fact, tawarruq munazzam is a contract based on the trading transaction, meanwhile, the financing product offered by conventional banks is based on loans which containing riba. Majority of contemporary fuqaha permit the practice of tawarruq munazzam based on their ijtihad to provide maslahah among the society. Meanwhile, there are also fuqaha who prohibited this practice because it seems like a hilah to permit riba. Lastly, an Every Islamic bank in Malaysia is using a platform such as as-Sidq, London Metal Exchange, and Bursa Suq al-Sila to trade the commodity while practicing tawarruq
munazzam
Foreigners in the Empire of Trebizond (the Case of Orientals and Italians)
No full textThis article provides a comparative analysis of the two largest groups of foreigners in the Empire of Trebizond : those from the East (primarily Turks), and Italians. In particular, it contains the etymology of seven Oriental names and prosopographic analysis of the holders that have not previously been discussed in the literature. The article poses the problem of the presence of naturalized Italians and their descendants in rural areas of the Empire of Trebizond. The author concludes that although the number of Italian migrants was considerably smaller than the number of newcomers from Muslim Asia, the Italians had a more prestigious status in the Trapezuntine society.Shukurov Rustam. Foreigners in the Empire of Trebizond (the Case of Orientals and Italians). In: At the Crossroads of Empires : 14th - 15th Century Eastern Anatolia. Proceedings of the International Symposium held in Istanbul, 4th - 6th May 2007. Istanbul : Institut Français d'Études Anatoliennes-Georges Dumézil, 2012. pp. 71-84. (Varia Anatolica, 25
Keabsahan perjanjian pengikatan jaminan dengan polis asuransi jiwa sebagai objek jaminan
No full textHal 220-23
Foreigners in the Empire of Trebizond (the Case of Orientals and Italians)
No full textThis article provides a comparative analysis of the two largest groups of foreigners in the Empire of Trebizond : those from the East (primarily Turks), and Italians. In particular, it contains the etymology of seven Oriental names and prosopographic analysis of the holders that have not previously been discussed in the literature. The article poses the problem of the presence of naturalized Italians and their descendants in rural areas of the Empire of Trebizond. The author concludes that although the number of Italian migrants was considerably smaller than the number of newcomers from Muslim Asia, the Italians had a more prestigious status in the Trapezuntine society.Shukurov Rustam. Foreigners in the Empire of Trebizond (the Case of Orientals and Italians). In: At the Crossroads of Empires : 14th - 15th Century Eastern Anatolia. Proceedings of the International Symposium held in Istanbul, 4th - 6th May 2007. Istanbul : Institut Français d'Études Anatoliennes-Georges Dumézil, 2012. pp. 71-84. (Varia Anatolica, 25
Implications For Loading Juridical Liability Rights Under Power Of Attorney Make Hypotheek Rights (Skmht) Procedural Defects
Get PDFThe credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary's death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party
Perlindungan Hukum Ahli Waris Dan Kreditur Persekutuan Komanditer Ketika Meninggalnya Sekutu Komplementer
Get PDFThis research is motivated by the conceptual conflict between civil inheritance law and company law in the form of commercial partnership (CV). The problems to be examined are first, the concept of legal protection of the rights of the heir to the complementary partner on the inheritance which has become a collateral for the debt of the CV, and second, the formulation of the concept of legal protection given to creditors of the CV for the death of the complementary partner whose heir is not willing to take responsibility for replacing their predecessor. The method used in this research is normative legal study by collecting library data. The results of this study concluded that first, the new complementary partner must be responsible for the debt of CV. Therefore, the new complementary partner must return the inheritance guarantee to the heir. Second, concurrent creditors must have a copy of the deed of CV to examine who is responsible if undesirable things happen in the CV, as a form of legal protection for themselves
Regulations on the Use of Indonesian in Making Contracts According to Indonesian Positive Law
Get PDFIntroduction: Contracts form the backbone of business dealings, establishing the foundations and binding all collaborative endeavors between parties involved. In the Indonesian context, the use of the national language in contractual agreements has been explicitly governed by laws and regulations, specifically Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem.
Purposes of the Research: This study aims to scrutinize and analyze the regulatory framework surrounding the use of the Indonesian language in contract drafting, as mandated by the positive laws of Indonesia. Additionally, it seeks to elucidate the legal ramifications that may arise from non-compliance with these provisions. Furthermore, the research endeavors to provide legal clarity and offer recommendations pertaining to this issue.
Methods of the Research: This research adopts a normative legal approach, employing both statutory and conceptual frameworks. The legal materials utilized encompass primary, secondary, and tertiary sources. The collection of legal materials is facilitated through library research, while the analysis of these materials is conducted qualitatively, employing content analysis and legal interpretation techniques.
Results of the Research: The findings of this research present a comprehensive analysis of the regulations governing the use of the Indonesian language in contract drafting, shedding light on the legal implications of non-compliance with these provisions. Furthermore, the research offers recommendations and suggestions tailored for government agencies, business entities, and legal practitioners, guiding them in implementing the use of the Indonesian language in contracts in accordance with the applicable legal framework
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